“ Noto has the same counsel in his case as does the Communist Party in its, and in the argument of Noto counsel will certainly cover in detail his position on § 4 (f) . Six hours are assigned to these cases this month. If the Party's position conflicts with Scales and Noto, he could present both positions, just as he would do next October in any event. In fact, I have said, the interpretation of § 4 (f) is a subsidiary point in the Communist Party case, being covered in its brief by only three paragraphs, while it may be decisive in the Scales and Noto cases. ”

“ Neither the holding of office nor membership in any Communist organization by any person shall constitute per se a violation of subsection (a) or subsection (c) of this section or of any other criminal statute. ”

“ On retrial, Scales was convicted again and the Court of Appeals affirmed, 4 Cir., 260 F.2d 21. We granted certiorari again on December 15, 1958, in our October Term 1958. 358 U.S. 917, 79 S.Ct. 289, 3 L.Ed.2d 237. It was argued the second time in 1959, and in June, over my objection, 360 U.S. 925, 79 S.Ct. 1445, was reset for the October Term 1959. It was then set for November 19, but was put over to February 23, 1960, when certiorari was granted in Noto, 361 U.S. 813, 80 S.Ct. ”